Things you should know
If you have already or intend to engage the services of a company to serve your process, then there are several important issues that you should consider.
- Are they insured against errors and Commissions? Even without letting your imagination run wild, the short list of potential liabilities is staggering. NJ Archangel is fully insured for our own protection as well as our client's.
- Do they know and Comprehend the purpose of the Rules of Civil Procedure? You should ask about the qualifications of any individual serving your process. The rules state that you only need be a "competent adult not having a direct interest in the litigation". You may have convicted criminals serving your process! They may be using your process to legitimize their criminal activity. It is so important to choose the right company to trust with your papers. Our people are trained and tested until we are confident that they are ready and worthy of the Court's scrutiny.
- Does your process serving company use sub-contractors? Some companies are actually more like process brokers. They farm your papers out to the lowest bidder. Caveat Emptor, and remember, you get what you pay for.
Oh, by the way...
Did you know that the service of process is a taxable cost? That's right. take a look at Rule 4:4-3(c);
- (c) Private Service; Costs. When service of process pursuant to this rule has been made by any person other than the sheriff, the allowance of taxed costs pursuant to R. 4:42-8 shall include a cost of service not exceeding the fee and mileage expenses allowable by law to the sheriff for that service.
All the benefits of using NJ Archangel get even better when you can make your adversary pay for it.
On the Subject of Costs
In these tough economic times, it's just natural that some folks will try all kinds of clever ways to cut down on expenses. Some are good ideas like, not making more copies of documents that you actually need, sending files via the internet instead of mailing. Some ideas may not be so good. Ideas like cutting back on the Service of Process by simply using the vaunted U.S. Postal Service. Sounds good but is it allowed in the Rules? The answer to that is easy, NO. Not as the Rules apply to service of a Summons, that is. According to The Rules Governing the Courts of the State of New Jersey, specifically Rule 4:4-3
4:4-3. By Whom Served; Copies
- (a) Summons and Complaint. Summonses shall be served, together with a copy of the complaint, by the sheriff, or by a person specially appointed by the court for that purpose, or by plaintiff's attorney or the attorney's agent, or by any other competent adult not having a direct interest in the litigation. If personal service cannot be effected after a reasonable and good faith attempt, which shall be described with specificity in the proof of service required by R. 4:4-7, service may be made by mailing a copy of the summons and complaint by registered or certified mail, return receipt requested, to the usual place of abode of the defendant or a person authorized by rule of law to accept service for the defendant or, with postal instructions to deliver to addressee only, to defendant's place of business or employment. If the addressee refuses to claim or accept delivery of registered or certified mail, service may be made by ordinary mail addressed to the defendant's usual place of abode. The party making service may, at the party's option, make service simultaneously by registered or certified mail and ordinary mail, and if the addressee refuses to claim or accept delivery of registered mail and if the ordinary mailing is not returned, the simultaneous mailing shall constitute effective service. Mail may be addressed to a post office box in lieu of a street address only as provided by R. 1:5-2. Return of service shall be made as provided by R. 4:4-7.
The Rules are quite clear that mailing is acceptable only after first attempting personal service and citing on an affidavit (R.4:4-7), your reasonable and good faith attempts to do so.
Saving money is important and NJ Archangel can save you a lot of both time and money. For about the same cost as the Sheriff, in a fraction of the time, you could have your paper served and the affidavit in your hands. You won’t need to make multiple copies or write a check out to the Treasurer. You can get your papers to us by Snail-mail or Fax or simply E-Mail. Once service is completed, you will receive an invoice with an affidavit attached. It’s that easy.
We always play by the Rules.